Largest Amount For Creditor That Failed to File Claim...?

[backwoods]

Wondering what some of your experiences are with creditors that failed to file a claim prior to confirmation of 13. Our attorney included all of them in our payment plan/budget and told us not to bank on it but usually not every creditor gets a clim in on time.

Sure enough, there were a few that didn't and as a result we will be done sooner than planned. Our plan stays the same & the amount of $$ set aside for those creditors is just used to pay the remaining ones off sooner.

The one that puzzled me the most was an unsecured claim from Beneficial for $9500. Not only was this our largest one but I have to say this particular creditor pestered us way worse than any of the others in the form of phone calls, letters etc. Even turned it over to a law firm and they still never filed. Strange how they pursued us so vehemently yet failed to file.

There were a few other small CCs that never filed, most were for a few hundred $$.

Does anyone know if these creditors that don't file are allowed to or will come after you when the BK is completed and discharged? If they do how do you handle it?

[justbroke]

I have one for $14K that never filed. I think I have several more that are $3-$5K that never filed during my Chapter 13.

Places like Beneficial, HFC, Citifinancial and Equity One are indeed the worse. However, I think they are no worse than a Credit Union. The key is that these installment loan lenders are/were local and the model worked so that they could pester the non-payers with local calls and local attorneys.

Does anyone know if these creditors that don't file are allowed to or will come after you when the BK is completed and discharged? If they do how do you handle it?

Once the claims bar date passes, they can file a claim, but you and your attorney should immediately file an objection on the basis that the claim is time barred. Once you are discharged, they are discharged as well! They can't come after you if they were listed on the petition and received "constructive" and/or actual notice.

[alana]

I had 6 creditors that I owed a total of about $100,000. The only one that filed a claim I only owed $600.

[DeadManCrawling]

Alana,

Interesting. So, did you pay the trustee's fee, and the $600 and were done? Still paying secured?

Curious about how that worked out.

[justbroke]

I had 6 creditors that I owed a total of about $100,000. The only one that filed a claim I only owed $600.

The question is, where you a Chapter 7 (asset or no asset?) or a Chapter 13. This makes a big difference.

[JDW]

Beneficial for $14,000, I could not believe it, but it was unsecured so they may have not wanted to put anymore money into it. Most of my debt is secured and crammed down in my 13.

[olivies]

I have two creditors, $11K and $9K, that didn't file.

[Chptr13inIL]

My highest was $35k from Sunterra.

[alana]

Dead Man, I am paying the $600, my attorny, and the trustee. $100 a month for 36 months.

[mummsie223]

We have Beneficial....$6800. They filed a claim a month after we filed and well under the deadline. Only ones that haven't filed is 1 cc and all my medical. They still have time though.

[dlinid]

EVeryone filed on my case, Amex, BofA, Citibank, Beneficial, Wells Fargo, the list goes on and on. I wonder if it had to do with the fact we filed a 100% unsecured payback plan? Risk management would take that deal any day. I mention this as a cautionary tale to anyone who really wants to do a 100% payback as all comers may file. Honorable yes, stupid, well only time will tell! I know that someone is going to mention that you can only pay your DMI, but we were really loose with our schedules and could have fought the DMI way down if we had tried. So, does what your % payback in the proposed plan have any correlation to who files?

[k2k04]

i'm 100% and i had several creditors not file a claim. the largest was about 14k for citi, which was secured. i'm still waiting for them to come pick up the piece of junk that's in my driveway!

[Nanzee]

Well I checked Pacer again today and it still appears that no-one except my mortgage companies filed claims, and the final date was March 15th. This is surprising me for sure, most especially Target, and Capital One, they were like pitbulls before we filed.

[cwillie]

Chase credit card for $40,000 - they never filed. Go figure.

[lrprn]

One of our credit cards didn't file a claim and walked away from $12K. Ironically they were the ONLY cc we had that before we filed continued to work with us, never jacked our rates, and never pestered us in any way. If we had one card I wanted to be able to give a little back to, it was that one. But they didn't file a claim so got nothing. Almost all the other jerk cc companies that made our lives hell filed claims and will end up getting most of their money back. I know that's how the system works, but it still annoys me that the jerks were rewarded and our one decent cc company got nothing.